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LE FEVRE v. SCHRIEBER

No. 90-2705.

167 Wis.2d 733 (1992)

482 N.W.2d 904

Eric Stuart Le FEVRE, by his guardian, Kris H. Grapentin, Plaintiffs-Appellants-Cross Respondents, v. Julie Ann SCHRIEBER, a/k/a Mathes and Milwaukee Mutual Insurance Company, Defendants-Respondents-Cross Appellants, TRANSPORTATION INSURANCE COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided April 22, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-cross respondents there were briefs by Joseph M. Welch and Bachman, Cummings, McKenzie, Hebbe, McIntyre & Wilson, S.C., Appleton and oral argument by Mr. Welch.

For the defendants-respondents-cross appellants there was a brief by Roger A. Glenn and Glenn & Hoff, S.C., Appleton and oral argument by Roger A. Glenn.

STEINMETZ, J.

The issue presented to this court is whether a child who is born out of wedlock has standing to bring a wrongful death action when the paternity adjudication occurred after the death of the alleged father. A wrongful death action was brought on behalf of E.S.L., the nonmarital, posthumous child of accident victim Stuart T. Le Fevre. The action was brought by E.S.L.'s mother and guardian, Kris R. Grapentin...

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